HomeMy WebLinkAboutCity Council Resolution 103 RES.OLUTION NO. I03
RESOLUTION AUTHORIZING EMINENT DO~IN PROCEEDINGS
WHEREAS the City of Saratoga plans the widening and i:in-
p~-ovement of Herriman Avenue, a public street of said City,
generally between Saratoga Avenue and. Saratoga Vista. Avenue
and the ~idening of the bridge facilities where said.. Herriman
Avenue intersects Saratog:a Creet~, and th~.e reiocation ~:f a se~.~age
easement, and it is necessary for said public impro~..~ement that
a fee title to the hereinafter described real property set forth
in Exhibit 'A~ be acquired by the City of Saratoga for a rig:ht
way in order to ~iden said street and provide s, bridge approach~
and ~ing~all location, and that an easement to the real property
hereinafter described in Exhibit "'~B"" be acquired for a right
way in order to relocate existing sewage lines,
NOW, THE~F;ORE, the City Council of the City ,Dr S~ratoga
does hereby resolve as follows:
Sejtion 1~ The statements in the preamble hereof are
hereby adopted as findings of this Council.
In addition, it is hereby found and deterrn~ined that the
public interest and necessity require t~e acquisition
of the hereinafter described real property for the
struction of the above-described public improvemer:~.t,
and such property is necessary therefor. Said. public
is. planned and located in the ~nanner
~ill be most compatible with the greatest public good
and the least private in.~ury.
~ect~o!.2~ Pursuant to Article 1, Section 14 of the
California State Constitutio'~ and Title VI!~
Part 3 of the Code of Civil Procedure of said State~
the City of Saratoga is hereby authorized an8 empowered
to take all necessary steps to acquire a fee title to
property descriDed in Exhibit "A~'', and an easement across
the property described in Exhibit .... B~, by eminent do~in,
and to obtain i~ediate possession of the same upon the
co~encement of said proceedings, and the .City Attorney
of this Cizy is hereby authorized and directed to
said p:~:oceedings in ~Ehe proper court ba~..;~ing jurisdicti~>n
thereof and to take all necessary steps 't.'~ prc~ceed tc, and
conclude the condsnnation of said prc, per'cy in accord
herewith.
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Secti.on 3: Said real property is more p,~iticularly d. es-
' cribed in Exhibits '~A"" and attacl:~ec~
hereto and incorporated herein by reference.
Sec___tion 4_~ Upon direction of the City .Attorney, the
City Treasurer shall dra~.~ his ~,~arrant payaI::z:,]..e
to the Clerk of the Superior Court of the State of
.California in and for the County of Santa Clara in a
sum not to ~<ceed .~ ~SO,0O as and for a deposit for
i~ediate possessi6~d with Article 1, Section
14 of the Constitution of the State of California.
The above an.d foregoing resolution x~as d.u]~y and regularl",y
passed and adopted this day of ].9EZL~I, by
the following vote:
~', YES
~.:~ ~. : ~lennon, ~rake, Lar~will, Hartman
NOES: Nem
ABSENT ' Brazil !~~ ;'
ayor p~ T~
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EXHIBIT A
~74~.17 (10)
learoll $f llaml te lml MWlttlSi fiqm Dsmld lie Stlllimg ud Mirisa C. 5telliml,
his wife, W Cit~ ef SmaW, Califormta.
kSim]22 st the Mrf~xses~17 eerier of that certain tract ef
~d ~M ki~ ~ bm~ Of ~ m~rly liM of
X~, U It ~~ t~lt~ ~ feet in ~d~, ~ t~
It fil~ f~ ~gc~.b :~ ~ of ~, ~ 2~, ~ Clm
~MI$ ~ S 2O ~' V, lO.~ feet ~q ~ uid ws~rly
llM of ~ ~.~17 ~ t~t ~ t~ inertia ~f ~ a
llM ~llel to m m.~d ~ (10) f~t ~i~l~ ~ist~t
~ I, 1~1.~ f~t al~ aid line ~lel ~
~ ~ a ~~~ left, ~vi~ a ~t~ of 1~ f~t, ~ro~A
l~,e p', for ~ z dis~ cr ?1.21 f~tX tence
~rl~ li~ ef aid ~.21F ~ t~t~ t~ ~ 8~° ~'
10.~7 ~t al~ aid s~rly line of 2.217 ~ t~t
ia~tl~ ~f wl~ a s~t~terly li~ e~ aid
i 2O ~3' ~ fwtl
fNti ~
I ~ 1~' ~" W,2~.~ fNt ~ ~ Wtat of
~i~. ~n~al~ 0.~3 ~m son or lemm.
EXHIBIT
All that real property situate in the County of Santa Cla. ra,
State of California, more particularly described as follc~,~s:
A strip of land ten (10) feet in wiclth the centerline
of which is more particularly described as fotlc}~..~s:
Beginning at the intersection of the Southerly
line of the lands of Donald H. StellinS, et ux, as
described in the deed recorded in Book 4772 of Official
Records at Page 489, Santa Clara County Recorder's
Office, and the westerly line of Herriman Avenue
(60 feet wide) as shown on Map of Tract 1767,
Happy Valley, Unit No. 2, recorded in Book 73
of Maps at pages 4 and 5, thence from said point
of intersection S. 85~ 49' 30~' W. 13.12 feet along
said Southerly line of Stelling to the TRUE POINT
OF BEGINNING, thence from said true point of
beginning N. 46~ 32' 10"' 100.O0 feet.
(The bearing (No42~ 31' 30'~ W'.) of 'the centerline
of Herriman Avenue as shown on said Map of Tract
1767 is the Basis of lBearings for the above
description),
together ~ith the right to the use of such land on each side
of the hereinabove described 10 ft. strip as may be reasonably
necessary for the deposit of earth and building materials
during the time of construction and/or repair of said pipeline
or lines, together with the right of ingress and egress to such
or lines across said for the construction
and/or repair of said pipeline or lines, over such routes as
may be most convenient to the owners of said real property.